Legal Opinion

Rodney v. St. Louis Southwestern Railway Co.

Supreme Court of Missouri

Decided March 19, 1895PublishedCited by 37 opinions

Appeal from Mississippi Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) The instructions given to the jury by the court, (on its own motion) as to the obligation of the defendant to the plaintiff as from a master to his servant are erroneous. It was only the duty of the defendant to-exercise ordinary care to provide cars that were reasonably safe. These instructions made the defendant, the insurer of their safety.

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Appeal from Mississippi Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) The instructions given to the jury by the court, (on its own motion) as to the obligation of the defendant to the plaintiff as from a master to his servant are erroneous. It was only the duty of the defendant to-exercise ordinary care to provide cars that were reasonably safe. These instructions made the defendant, the insurer of their safety. Cutridge v. Railroad, 105-Mo. 520; Browning v. Railroad, 27 S. W. Rep. 644;. Corey v. Railroad, 86 Mo. 635; Hamilton v. Mining Co.,. 108 Mo. 364; Railroad v. Davis, 23 S. W. Rep.…

1Opinion of the Court

division one. ■

Brace, P. J.

This is an action for personal injuries sustained by the plaintiff while engaged as switch-foreman in the service of the defendant in its yards at. Bird’s Point, in which plaintiff obtained a ¡judgment, for $12,500, and the defendant appeals.

The gravamen of the plaintiff’s cause of action, charged in the petition, is: that on the twenty-first day of December, 1891, there was stored on the side tracks, in said yards a certain car loaded with cotton; that it was plaintiff’s duty, in conjunction with others managing the switch engine, to place said car into a train for…

2Cases cited15 opinions

  1. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  2. Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  3. Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
  4. Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
  5. Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894

10 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Curtis v. McNairSupreme Court of Missouri · 1903
  2. Watts ex rel. Watts v. Lester E. Cox Medical CentersSupreme Court of Missouri · 2012
  3. Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
  4. Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
  5. Smoot v. Kansas CitySupreme Court of Missouri · 1906

32 more not listed; retrieve them via the Exa API.

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